Court No. - 45 Case :- APPLICATION U/S 482 No. - 18417 of 2010 Petitioner :- Bhaganne And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Radhey Shyam Shukal Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned AGA for the State-
respondent.
The present 482 Petition has been filed for quashing of the order dated
13.04.2010 passed by the Revisional Court and the order dated 22.01.2010
passed by the Chief Judicial Magistrate, Shahjahanpur in case no. 4865 of
2009 under sections 323, 325, 308, 504 IPC, whereby the application filed
under sections 323 Cr.P.C. has been allowed.
Learned counsel for the applicants has argued that at pre-cognizance stage,
filing of such application is wrong and the order impugned is bad in law. It is
contended that such order can only be passed when cognizance is taken under
the charged section.
Learned AGA has contended that learned Magistrate has passed the order
after perusing the case diary including the injury report and if the applicants
have any grievance against the order impugned, they can move appropriate
application at the time when charges are framed and it is thus contended that
the present petition is misconceived. Learned AGA further contended that the
present 482 Petition is not maintainable in view of the fact that Revisional
Court has also dismissed the applicant’s Revision.
After hearing learned counsel for the applicants and learned AGA and after
perusing the averments made in the present petition as well as after going
through the order impugned, this Court is of the opinion that learned counsel
for the applicants could not point out any legal infirmity in the order
impugned, which may warrant any interference by this Court in exercise of
the power under section 482 Cr.P.C.
Accordingly, the present 482 petition lacks merit and is dismissed.
It is contended by learned counsel for the applicants that the applicants are
already enlarged on bail for the offences under section 323, 325, 504 IPC.
In the facts and circumstances of this case, it is provided that if the applicants
appear and surrender before the court below within 30 days from today and
applies for bail under section 308 IPC in aforesaid case, their prayer for bail
shall be considered and decided if possible on the same day in view of the
settled law laid by this Court in the case of Amrawati and another Vs. State
of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by
Hon’ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra
Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the
disposal of the application for grant of bail whichever is earlier, no coercive
action shall be taken against the petitioners. However, in case, the petitioners
do not appear before the Court below within the aforesaid period, coercive
action shall be taken against them.
Order Date :- 30.7.2010
yachna